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Succession Act & Intestacy

  • 22-08-2017 8:56pm
    #1
    Muahahaha
    Registered Users, Registered Users 2 Posts: 19,717 ✭✭✭✭


    Im reading S.66-71 of the Succession Act and trying to figure out how intestacy works. From what I can see if a spouse dies intestate then the estate is distributed two thirds to the surviving spouse and one third to the surviving children as per S.67. Does this then mean if the spouse who died had no will that the entire estate cannot pass to the surviving spouse or are there conditions where it can?

    It just seems strange that the law would allow a jointly held asset between husband and wife to be split up and one third passed to the children, irrespective of what the surviving spouse may wish to be done.

    Has there ever been a case whereby the above two thirds/one third rule kicked in and the children then forced their parent to sell the asset, be it a house or land, etc? Is it the case that the surviving children could technically force the surviving spouse to sell the assets if they could not afford to pay the one third share ?


Comments

  • #2
    Atlantic Dawn
    Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    It would be 2/3rds of what was in their name, if everything was in joint names and no will the kids would get 1/6th.


  • #3
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    Atlantic Dawn wrote: »
    It would be 2/3rds of what was in their name, if everything was in joint names and no will the kids would get 1/6th.

    That would depend on whether they jointly waned property was held as joint tenants (in which case the survivor inherits) or tenants in common in which case it forms part of the estate to be distributed in accordance with the statutory priorities. I suspect most Irish married couples would hold a jointly owned family home as joint tenants (m awning the surviving spouse takes all) rather than as tenants in common.


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